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PRACTICES

Fiduciary And Shareholders Dispute

March 23, 2018

Le & Tran has extensive experiences in handling and resolving disputes for breaking fiduciary duties involving companies, shareholders, directors, managers, members, partners, and others. Our litigators have represented the interest of individuals and entities’ rights from at the outset of business negotiation as a preventative treatment to litigation, including derivative actions and claims for breach of fiduciary duty and minority oppression.

Disputes frequently involve defending and prosecuting claims of self-dealing or usurpation of corporate opportunities and often require extensive forensic analysis of business model valuation. While this nature of dispute often involve family or closely held businesses and long-time employees of companies that have some ownership, larger or publicly traded companies are not immune. The dispute can be simply started over a section of a by-law or shareholder agreement or the failure to follow an operating agreement, once the situation becomes adversarial all bets are off and the future of the company is at stake.

Unlike other areas of litigation, “business divorces” are complicated by the ongoing nature of the corporate governance under applicable company documents and the law. This complication creates opportunities as the adversarial matter is not just being handled in the courtroom. There are significant opportunities to impact the litigation from the board room, and our litigator experts understand how to use the board room in a manner to create strategic opportunities in the litigation, while also using the litigation to create strategic opportunities in the board room.

Fiduciary and shareholder disputes require a unique blend of corporate law knowledge and litigation experience. Le & Tran has this experience and uses it to navigate these disputes. With the future of the company often at stake, we have the knowledge, experience and business-based strategies to achieve the objective of the client as efficiently as possible.